The Basic Structure Doctrine and Constitutional Restraint in Uganda: The Age Limit Case

Basic Structure Doctrine.

What is the Basic Structure Doctrine (BSD)?

The BSD holds that certain basic features of a national Constitution are inviolable; amendments altering these features are considered void.

What was the outcome of the 'Age Limit' case in Uganda's Constitutional Court?

The Constitutional Court upheld the amendment removing the age limit for presidential candidates, dismissing the petitions by a majority.

Who dissented in the Constitutional Court's ruling regarding the age limit amendment?

Justice Kenneth Kakuru dissented in the ruling.

What major amendment to Uganda's Constitution was enacted on December 20, 2017?

The amendment repealed the age limit qualification for presidential candidates, allowing individuals over 75 to run for president.

What does Article 102(b) of the 1995 Constitution state?

It states that a person is not qualified for election as President unless they are not less than 35 years and not more than 75 years of age.

How did the Ugandan Supreme Court respond to the BSD's application in the 'Age Limit' case?

The Supreme Court upheld the Constitutional Court's decision by a slim majority of 4 to 3, affirming the validity of the amendment.

What were the implications of the amendment as per the paper?

The amendment removed a crucial measure against a life presidency, potentially leading to political instability in Uganda.

What is the relationship between the Basic Structure Doctrine and judicial activism in Uganda?

The BSD encourages judicial activism to protect constitutional principles against parliamentary overreach.

What does the term 'constitutionalism' refer to in the context of the lecture?

Constitutionalism refers to the adherence to a system of government in which powers are limited by law and the rights of citizens are protected.

What historical political context was used to justify the BSD in Uganda?

Uganda's history of dictatorial regimes and the desire to prevent the resurgence of an imperial presidency guided the interpretation of the BSD.